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0 tracked cards Supplemental - Not MEE July 2026

A spouse appeared in a State D divorce action and argued that the filing spouse was not domiciled in State D. After an evidentiary hearing, the State D court found domicile and entered a divorce decree. The appearing spouse later asks a State E court to relitigate domicile and refuse recognition of the divorce.
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The spouse may relitigate domicile because subject matter jurisdiction can never be affected by prior litigation. The spouse may relitigate domicile if the divorce was based on no-fault grounds. The spouse may relitigate domicile only if both spouses now live in the same state. The spouse generally is precluded from relitigating domicile in another state because the spouse appeared and litigated jurisdiction in the original divorce action.

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